El acceso a las Tecnologías de la Información y Comunicación (TICS) como derecho establecido en la constitución del Ecuador de 2008 y su efecto sistemático de vulneración de derechos de los ciudadanos.

Abstract

Since the United Nations Organization declared access to the internet as a human right, urging governments to facilitate its access, mentioning that it is a tool that facilitates the growth and progress of societies, as well as the utility to exercise the right to freedom of expression, many countries including Ecuador have created profound reforms in their laws to achieve this objective, thus the Constitution of the Republic of Ecuador of 2008 establishes the right of access to Information and Communication Technologies of Ecuadorian citizens, in order to integrate citizens to the information and knowledge society, ensuring access and use of the internet. However, in practice there are damages that affect both the individual citizen and society as a whole. By exercising the right to access ICTs, the lack of knowledge and training in its proper application, added to the irresponsibility of the citizen, in addition to a deficient legislation on the matter, violations of citizens' rights are generated; violations carried out not only by technology companies with their data collection and processing, but also by state governments when exercising public control policies. At present, the irruption of technology is overwhelming, its accelerated development, is a weakness of the law that evolves slowly and gradually, therefore, using the democratization of access to ICTs, in which users grow, the data have replaced oil, being its use and application for commercial and political purposes it has not known limits, causing damages and therefore violations of rights, which have been exposed in this study.